Kristen Campbell of Campbell Phillips, a law firm in The Dalles, was introduced Wednesday, Dec. 6, 2023, to the Wallowa County Board of Commissioners and approved as the new county counsel. She replaces Paige Sully, who has submitted her resignation.

ENTERPRISE — More than 20 people showed up at the Wallowa County Board of Commissioners meeting on Wednesday, Dec. 6, to ask commissioners to stop the Dollar General store being built just outside of Wallowa.

But the commissioners said they weren’t sure if there’s anything they can do to stop the store — and the commissioners’ legal counsel told the opponents that they could take their case to the county Planning Commission and then, if necessary, to court. A spokeswoman at the Planning Department said that if the Planning Commission denies the appeal, it would go to the Board of Commissioners and if the board denies it, the appeal would go to the state Land Use Board of Appeals.

The Planning Commission is scheduled to hear the residents’ appeal Jan. 30, at 7 p.m. in the Thornton Conference Room of the courthouse, according to the spokeswoman.

Teresa Smergut, one of the chief opponents of Dollar General, said she was frustrated with the board of commissioners’ lack of action.

“The county made it clear that they are unwilling to take reasonable action to protect the community and the environment so we are left with no choice but to engage legal counsel and take this to circuit court.”

Dollar General is building the store at the corner of Frontage Road and Highway 82. The location is just outside the city limits but within its urban growth boundary.

Ever since news broke about the store in November, some residents have opposed it, arguing, among other points, that the chain store isn’t a good fit for the culture of Wallowa County and could undercut local businesses.

Sweyn Wall, of Wallowa, said he was at the meeting to represent the property owners along the Frontage Road in Wallowa.

“I’ve got a petition with over 300 county residents signing off on letters that we’ve submitted” objecting to the county Planning Department’s approval of a construction permit for Dollar General. He said the approval violates the county’s land-use development ordinance.

Frontage Road property owners have filed two letters of appeal with the county Planning Department. One of the letters seeks to appeal the decision to issue a construction permit for the Dollar General store, arguing in part that adequate public notice of the project was not given by the county.

The other letter appeals a lot-line adjustment for the project, also issued by the Planning Department. (Copies of both letters can be found in the online version of this story at wallowa.com.)

“A concrete wall went up yesterday and we ask that you issue a stop-work order until a proper review can be conducted to determine the harm to our land, our habitat and our community,” Wall said, arguing that the permits issued allow for poor parking and will create environmental concerns and a dangerous intersection.

“In the light of these concerns and with the potential for irreparable harm, we ask that you immediately suspend construction associated with Dollar General,” Wall said.

But the county commissioners said they were unsure if they had the authority to do so.

“I couldn’t find anywhere where I had the authority to stop work on anything,” said Commissioner Susan Roberts, and sought advice from two attorneys at the meeting.

Paige Sully, who has served as the county counsel, is resigning her position, but was at the meeting along with her successor, Kristen Campbell of the Campbell Phillips law firm in The Dalles. Campbell, who had been appointed as the new county counsel earlier in Wednesday’s meeting, is working with Sully for a couple of weeks in a period of transition.

Sully said Dollar General opponents could take their case to the county Planning Commission and then to Circuit Court, if necessary. (Any decision by the Planning Commission presumably could be appealed to the county commission.) A court with jurisdiction over the matter could issue an injunction stopping the work.

But, Sully added, “I’m not aware of any authority the county has to stop the work.”

Wallowa City Councilor Paul Doherty, who also attended the meeting, said the city has no authority to act alone.

“We have no ability to stop or allow projects to go forward,” he said.

Legal questions

Before commission Chairman John Hillock opened the floor to public comment on Dollar General, he also asked for advice from the attorneys. Hillock was worried that allowing public comment would violate “ex parte” rules requiring that notice be given to all parties involved.

No one representing Dollar General was at the meeting. Neither an email nor a phone call to Dollar General’s corporate headquarters were responded to Thursday.

Campbell said she did not believe taking public comment would violate the ex parte rules.

“I see no problem in taking public comment with the understanding that this is not testimony,” she said.

Other business The commissioners also:

• Approved up to $1,000 to provide lunch for those attending a Wolf, Livestock Investigation Training in Pendleton on Jan. 23. Commissioner Todd Nash recommended that the sheriff, deputies, district attorneys and county commissioners attend the training, which helps determine when wolves have killed livestock.

• Appointed Todd Turner to the Planning Commission. Nash said Turner, who has experience in Deschutes County, would bring an “outside perspective” to the commission.

• Appointed Ron Lathrop and Brinda Stanley to the Fair Board.

• Approved Wellens General Contractors’ bid of about $215,000 for capital improvement to the fairgrounds to build a workshop there. Nash noted that the fairgrounds has no shop.

• Approved a resolution to set the fee schedule for the county surveyor, Richard Shaver.

• Approved employee action notices that included Wacey Seufer, separation from service in the Custodial Department; authorizing a stipend to Jean Jancaitis, who serves as the transient tax administrator; Sianna Williams, separation from service with the Youth Services Department; Janet Bosch, a new hire as a property appraiser in the Assessor’s Office; Bill Moore, termination of custodial services; Josh Lewis, a new hire with the Road Department; and Parker Magera, a new hire for custodial service/facilities maintenance.

Commissioners appoint Moody

to replace Fish as sheriff

The Wallowa County Board of Commissioners has appointed Ryan Moody to replace Sheriff Joel Fish, who has resigned his position effective Jan. 1.

Moody, a sergeant in the Wallowa County Sheriff’s Office, has been with the department for 18 months after decades working with the Benton County Sheriff’s Office.

Moody will replace Fish effective Dec. 16, when Fish takes advantage of accumulated vacation time to get a jump on his plans to move back to North Carolina to care for his mother.

In moving to appoint Moody, Commissioner Todd Nash, who attended Wednesday’s meeting remotely, mentioned that there have been numerous letters of recommendation in favor of Moody. Fish recommended Moody to the commissioners as his replacement.

Commissioner Susan Roberts said Moody “has all the requirements of someone we want for sheriff.”

Moody has filed to run for sheriff in the 2024 election. He will face at least one opponent on the ballot — James E. Dickenson of Enterprise also has filed for the position. Dickenson spent 22 years full-time with the Franklin County (Washington) Sheriff’s Office, based in Pasco. He retired as a senior sergeant of patrol in January 2017.